Google took a FRAND license to video technology before buying Motorola.

In one of its many patent disputes against Motorola Mobility, Microsoft is submitting a patent license agreement that Motorola’s new owner Google signed to gain use of standard video tools. Microsoft hopes it is proof that Motorola can’t sue anyone for using standards-essential technology.

In support of a motion to dismiss a Motorola claim for injunctive relief, Microsoft asked US District Court in Western Washington Friday for permission to submit as evidence “a license agreement between third-party MPEG LA and Google, which Microsoft believes is relevant to the issues raised in its motion.”

Why is this important? Since long before being acquired by Google, Motorola has been suing Microsoft and others in various settings over the use of patented technology related to industry standards, including the H.264 video codec. Microsoft argues that Motorola has violated obligations it made to standards groups to offer licenses to the patents under fair, reasonable, and non-discriminatory (FRAND) terms.

In the court documents, the license agreement touted by Microsoft is under seal. But a quick check of the MPEG-LA website shows that Google is a licensee to the H.264 industry-standard technology, even though Google has pushed its own alternative WebM video format. Google, however, is not listed as a licensor of H.264 technology by MPEG-LA, a company that handles licensing of large patent pools. That could mean Google hasn't made any commitments to license standards-essential H.264 patents at reasonable rates, unless Microsoft can prove otherwise.

Microsoft already points out that Motorola made commitments to the IEEE, ITU, and ISO standards bodies, yet lawsuits have gone forward and Motorola is getting close to winning an import ban on the Xbox 360. The existence of a Google commitment may thus not be a smoking gun, but it could give Microsoft more evidence that Motorola should offer more reasonable (i.e. cheaper) licenses to its patents.

The Friday motion filed by Microsoft actually did not occur in one of the many lawsuits Motorola filed. Rather, it came as part of Microsoft’s lawsuit against Motorola, alleging that Motorola breached commitments to the IEEE and ITU to license H.264 and wireless technology at reasonable rates.

We’ve reached out to Google and Motorola for comment and will update the story if we hear back.